HARJINDER SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE Applicant -Ramandeep Singh (Appellant No. 3) seeks suspension of sentence during the pendency of the appeal. Learned Counsel for the State has filed an affidavit of Shri Joga Singh Sekhon, Superintendent District Jail Sangrur, in terms of which the Appellant -Applicant has undergone imprisonment of one year, one month and ten days upto 09.02.2011 out of the sentence of seven years. The Appellant -Applicant Ramandeep Singh has been convicted by the learned Additional Sessions Judge, Sangrur for the offence under Section 376 IPC. He has been sentenced to undergo rigorous imprisonment for seven years; besides to pay a fine of Rs. 500/ - and in default of payment of fine to undergo rigorous imprisonment for 15 days. He has also been sentenced to one year rigorous imprisonment for the offence under Section 323 IPC. The sentences of imprisonment have been ordered to run concurrently.

(3.) THE husband of the prosecutrix had died about 8 years earlier to the incident and civil litigation, regarding the property of the husband of the prosecutrix was pending against her father -in -law -Gurbachan Singh. The medical examination was conducted by Dr. Sumandeep Kaur, PW -2, Medical Officer, Civil Hospital, Sangrur. Dr. H.S. Bedi, M.O. constituted a Board of Doctors comprising of Dr. Ravinder Kaler, Dr. Sukhwinder Kaur and Dr. Sumandeep Kaur PW -2. They examined the prosecutrix, who was brought by her sister -in -law Ranjit Kaur. The medical examination of the prosecutrix was conducted after 72 hours of the incident when she is said to have been raped. The Chemical Examiners reported that there was no spermatozoa alive or dead in cervical swabs smear from posterior formix. The abrasions mentioned were superficial in nature and these could be self -suffered. In defence, DSP Pritpal Singh, DW1 was examined, who stated that he has conducted an enquiry on instructions of I.G., Zonal Patiala and as per his investigation, no offence was committed by the accused persons.